Chapter 20.61 SMALL TOWN COMMERCIAL (STC) DISTRICT

The purpose of the Small Town Commercial District is to provide limited land areas for a broad range of commercial uses serving the surrounding rural trade area and out-of-area tourists. The boundaries of the district shall recognize the existing pattern of commercial development within rural small towns. The boundaries shall allow for small-scale infill development and redevelopment commensurate with available public services, physical limitations, and the anticipated demand for siting of development. An additional purpose of the district is to provide limited light industrial activities for employment opportunities for rural residents. (Ord. 99-012 § 1(2), 1999).

20.61.050 Permitted uses.

.051 Motorized vehicles and equipment, motorcycle, marine, farm implement, light and heavy equipment, and recreational vehicle service, repair, washing facilities, commercial storage or sale; provided, that:

(1) All repair services, other than replacement of lights, wiper blades, or other similar minor repairs or servicing shall be conducted within an enclosed building;

(2) Adequate water supply and wastewater disposal for washing facilities shall be demonstrated by the applicant;

(3) Security for the site shall be provided by the applicant;

(4) Such a facility, and associated activities, shall not occupy more than four acres of a parcel;

(5) The maximum permitted sales area for motorized vehicle and equipment sales shall not exceed one-half acre in size.

.052 Mini storages with less than 2,500 square feet of floor area.

.053 Eating and/or drinking establishments including restaurants and taverns, with or without on-site brewing facilities, and mobile food carts, including establishments with drive-through facilities.

.054 Service establishments with less than 2,500 square feet of floor area, including but not limited to barber and beauty shops, laundries, dry cleaners, printing establishments, furniture repair, frozen food lockers, funeral parlors, banks and financial institutions, fraternal organizations, neighborhood churches and professional offices.

.055 Veterinary practices with accessory indoor kennels.

.056 Retail establishments with less then 2,500 square feet of retail floor area per shop, including but not limited to liquor, drug, sundries, variety, clothing, florist, optical, sporting goods, appliance, craft, music and pet stores.

.057 Tool and equipment rental, nurseries, hardware stores and building supplies with less than 5,000 square feet of retail floor area per shop. The utilization of outdoor areas for display and storage purposes is permitted as an accessory use. Outdoor storage shall be within an enclosed fence.

.058 Grocery stores with less than 10,000 square feet of retail floor area.

.059 Public markets, subject to the following only:

(1) The applicant submits a plan which includes name, address, and phone number of the contact person; hours of operation; site layout indicating location of vendor stalls and plans for the stalls including provision for temporary tiedowns, trash disposal, and restroom facilities.

(2) The use is seasonal, restricted to a maximum of 150 days per calendar year.

(3) Provision is made for one parking space per 100 square feet of merchandise display area, sized in accordance with WCC 20.80.500.

(4) Perimeter stalls are oriented away from adjacent properties, with any outdoor equipment or trash receptacle screened from adjacent uses as per WCC 20.80.355.

(5) Hours are limited to 7:30 a.m. to 9:00 p.m.

(6) Accessible parking and restroom requirements of Chapter 51-30 WAC are complied with.

(7) Buffering or screening is provided from residences when a parcel adjoins an Urban Residential, Urban Residential Medium Density, Rural or Rural Residential District.

(8) Signage is consistent with WCC 20.80.440, except that, in addition, one placard not to exceed two feet by two feet shall be allowed for each individual stall.

(9) The use complies with the performance standards of WCC 20.64.700.

(10) No overnight camping or vehicle parking is allowed on site.

(11) Restrooms are adequately set back and buffered from adjacent properties.

.060 Hotels, motels and bed, breakfast inns and conference centers.

.061 The operation of facilities intended to provide education related to forestry, agriculture and mining, including but not limited to demonstration forests and conservation laboratories.

.062 Public schools, and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction.

.063 Public and community facilities including police and fire stations, libraries, community centers, museums, public parks and recreational facilities identified in an adopted city or county Comprehensive Plan or Park Plan, activity centers, tourist information offices and other similar noncommercial uses, excluding correction facilities.

.064 Post offices.

.066 One single-family dwelling or duplex per lot of record subject to:

(1) Health department requirements regarding soil type and water supply.

(2) Height regulations, lot coverage, open space, development standards and performance standards shall be in accordance with the provisions of Chapter 20.20 WCC, except that side and rear yard setbacks shall be 10 feet from vacant, adjacent commercially zoned properties.

(3) A deed restriction recorded with the Whatcom County auditor is attached to the lot(s) at the time of building permit issuance stating that the dwelling(s) is located in a Small Town Commercial Zone and buyers should be aware that commercial uses will be allowed on surrounding parcels and owners have no grounds for protest.

.067 One residential unit per business establishment in a commercial structure subject to health department requirements regarding sewage disposal and water supply.

.068 Multi-use establishments; provided, that no more than 50 percent of the structure shall be used for residential dwellings.

.069 Trails, trailheads, restroom facilities and associated parking areas for no more than 30 vehicles.

.070* One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed 200 square feet and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building shall contain no indoor plumbing but may be served with electrical power for lighting.

.088 Adult family homes as defined in Chapter 70.128 RCW.

.089 Boarding homes that are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.

.090 Mental health facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.

.091 Substance abuse facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-012 § 1(2), 1999).

* Code revisor’s note: This subsection, added by Ord. 2005-079 § 1 as .069, has been renumbered to avoid duplication in numbering.

20.61.100 Accessory uses.

.101 Uses incidental to the primary permitted use.

.102 Home occupation (pursuant to WCC 20.97.180).

.103 Assembly, crafting, or manufacturing of items of a type related directly to the character of a permitted use and sold at retail on the premises.

.104 Retail or service establishments accessory to a primary permitted use; provided, that it does not exceed 2,500 square feet of retail floor area.

.105 On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC. (Ord. 99-012 § 1(2), 1999).

20.61.150 Administrative approval uses.

.151 Retail and service establishments with more than 2,500 square feet of retail floor area, but less than 5,000 square feet of retail floor area.

.152 Light fabrication and assembly, provided:

(1) Individual buildings will be limited to a maximum of 10,000 square feet of total floor area except for existing buildings.

(2) All work is conducted within a building, except for activities complementary to the intent of the STC District and which is harmonious with adjacent parcels.

(3) In the event materials will be stored outdoors, the administrator may require adequate landscaping, screening or other devices in order that the material will not be visible by surrounding uses or roads.

(4) Two signs are permitted. One nonilluminated freestanding and not to exceed six feet in height. One additional nonilluminated sign may be attached to the building for a maximum total signage of 16 square feet. No portion of any sign shall extend above the lowest portion of the roof.

.153 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided, that all of the following requirements are met:

(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory apartment or detached accessory dwelling unit per lot;

(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that lot;

(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and

stormwater runoff for the additional dwelling unit must be obtained prior to application for a building permit;

(4) There shall be only one front entrance to the house visible from the front yard and street for accessory apartments and only one additional entrance visible from the front yard for detached accessory dwelling units;

(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing residence;

(6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square feet in floor area;

(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically designating lots allowed to be developed with accessory apartments or detached accessory dwelling units at the option of the developer for future individual owners. Accessory apartments and detached accessory dwelling units shall be prohibited on:

(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those lots have been specifically marked for such use through the long plat process;

(b) All lots within short plats which received approval after January 25, 1994, unless those lots have been specifically marked for such use through the short plat process;

(8) A common driveway serving both the existing unit and any accessory unit shall be used to the greatest extent possible;

(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance, stating:

(a) Detached accessory dwelling units and associated land cannot be sold separately from the original dwelling, except in the event the zoning permits such a land division; and

(b) One of the dwellings must be the primary domicile of the owner. (Ord. 99-012 § 1(2), 1999).

20.61.200 Conditional uses.

.201 Retail and service establishments with more than 5,000 square feet of retail floor area, but less than 7,500 square feet of retail floor area.

.202 Tool and equipment rental, nurseries, hardware stores and building supplies with more than 5,000 square feet of retail floor area, but less than 10,000 square feet of retail floor area per shop. The utilization of outdoor areas for display and storage purposes is permitted as an accessory use. Outdoor storage shall be within an enclosed fence.

.203 Mini storage with less than 10,000 square feet of floor area.

.204 Grocery stores with more than 10,000 square feet of retail floor area, but less than 30,000 square feet of retail floor area.

.205 Animal kennels not associated with a veterinary practice.

.206 Recreational vehicle parks for transient motor homes and tourist trailers.

.207 Indoor commercial recreational facilities with less than 5,000 square feet maximum floor area.

.208 Outdoor commercial recreation on an area not to exceed three acres in size.

.209 Churches, educational and religious training institutions, summer camps and cemeteries.

.210 Public or private parks that are not included in an adopted city or county Comprehensive Plan or Park Plan.

.211 Public campgrounds, not to exceed three acres.

.212 Trailheads with parking areas for more than 30 vehicles.

.213 Athletic fields.

.234 State and local correction facilities.

.235 Type I solid waste handling facilities.

.239 Boarding homes that are larger than other residential structures permitted in the zoning district.

.240 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.

.241 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.

.242 Mental health facilities that provide crisis care.

.243 Substance abuse facilities that provide crisis care.

.244 Outpatient mental health facilities.

.245 Outpatient substance abuse treatment facilities, including opiate substitution treatment clinics.

.246 State education facilities.

.247 Secure community transition facilities for sex offenders.

(1) A secure community transition facility shall not be located adjacent to, immediately across the street or parking lot from, or within the line of sight of existing risk potential facilities, which are:

(a) Public schools;

(b) Private schools;

(d) Licensed day care;

(e) Licensed preschool facilities;

(f) Public parks;

(g) Publicly dedicated trails;

(h) Sports fields;

(i) Playgrounds;

(j) Recreational and community centers;

(k) Churches, synagogues, temples or mosques;

(l) Public libraries;

(m) Public and private youth camps; and

(n) Other uses identified by the State Department of Social and Health Services pursuant to RCW 71.09.020(11).

“Within the line of sight” shall mean that it is possible to reasonably visually distinguish and recognize individuals. An unobstructed visual distance of 600 feet shall be considered to be within the line of sight. Line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or would be created that would visually screen the risk potential facility from the secure community transition facility.

(2) No more than one secure community transition facility, with a maximum of three people (other than staff), shall be located within Whatcom County.

.248 Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when permitted in accordance with the provisions of Chapter 16.16 WCC; provided, applications for mitigation banks shall be processed as a major development project pursuant to Chapter 20.88 WCC. (Ord. 2005-068 § 2, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-012 § 1(2), 1999).

20.61.250 Prohibited uses.

.251 All other uses.

.252 Adult businesses. (Ord. 99-070 § 2, 1999; Ord. 99-012 § 1(2), 1999).

20.61.255 Minimum lot frontage.

For the purpose of dividing property, minimum lot frontage shall be sufficient to provide adequate access and utility development, and meet applicable building setback, buffer, and development standards of the district. In no case shall the frontage be less than 30 feet. (Ord. 99-045 § 1, 1999).

20.61.300 Minimum lot size.

The minimum lot size shall be consistent with the area required to meet the building setback, lot coverage and development standards of the district. (Ord. 99-012 § 1(2), 1999).

20.61.350 Maximum density.

Hotels and motels shall not exceed a floor area ratio (FAR) of .60. (Ord. 99-012 § 1(2), 1999).

20.61.400 Building setbacks.

Building setbacks shall be administered pursuant to WCC 20.62.550 and 20.80.200 except as provided below.

(1) Commercial uses shall be allowed to reduce front yard setback to 10 feet and the side yard setback to zero feet where the site and landscape plans promote pedestrian access to the building. (Ord. 99-012 § 1(2), 1999).

20.61.450 Height limitations.

The maximum building height shall not exceed 45 feet except for spires and decorative towers on public/community buildings, schools, and churches, which shall not exceed 70 feet in height. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Ord. 99-012 § 1(2), 1999).

20.61.500 Lot coverage.

No more than 70 percent of a parcel shall be occupied by buildings or structures. (Ord. 99-012 § 1(2), 1999).

20.61.550 Open space.

At least 10 percent of a noncommercial site shall be kept free of buildings, structures, hard surfac-

ing, parking areas and other impervious surfaces. (Ord. 99-012 § 1(2), 1999).

20.61.600 Buffer area.

Where parcels situated within this district adjoin an Urban Residential, Urban Residential Medium Density, Residential Rural or Rural District, side and rear yard setbacks shall be increased to 25 feet along the property line(s) adjacent to the named districts. Said area shall be landscaped consistent with the requirements of WCC 20.80.345. (Ord. 99-012 § 1(2), 1999).

20.61.650 Sign regulations.

Sign regulations shall be administered pursuant to WCC 20.80.410 and 20.80.440, or as otherwise determined in this chapter. (Ord. 99-012 § 1(2), 1999).

20.61.700 Development criteria.

20.61.701 Facility design.

Individual developments within a Small Town Commercial Zone District should be encouraged to accommodate additional commercial development on adjacent property in an integrated manner. Consistent architectural treatment is encouraged. Each development shall screen roof-mounted mechanical equipment so as not to be visible by surrounding uses or roads. (Ord. 99-012 § 1(2), 1999).

20.61.702 Landscaping.

Refer to WCC 20.80.300 for landscaping requirements. (Ord. 99-012 § 1(2), 1999).

20.61.703 Off-street parking and loading.

Off-street parking and loading shall be administered pursuant to WCC 20.80.500. (Ord. 99-012 § 1(2), 1999).

20.61.704 Drainage.

All development activity within Whatcom County shall be subject to the stormwater management provisions of the Whatcom County Development Standards unless specifically exempted. No project permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the Whatcom County Development Standards. (Ord. 99-012 § 1(2), 1999).

20.61.705 Driveways.

Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county engineer or State Department of Highways, as applicable. (Ord. 99-012 § 1(2), 1999).

20.61.706 Access.

Access shall conform to the provisions of WCC 20.80.565. (Ord. 99-012 § 1(2), 1999).

20.61.707 Lighting.

Lighting shall be designed to avoid excessive glare onto neighboring properties, and to not create safety hazards or unreasonable interference with adjacent uses. (Ord. 99-012 § 1(2), 1999).

20.61.708 Binding site plan.

Should the commercial use be developed as part of a binding site plan, it shall be administered pursuant to WCC Title 21 (Subdivision Regulations) and additional requirements as applicable. (Ord. 99-012 § 1(2), 1999).

20.61.709 Plat language for proposed subdivisions.

When a proposed subdivision, binding site plan, short subdivision or exempt land division will be located adjacent to or across a right-of-way from an existing Forestry District, the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat, tract or instrument of conveyance and shall run with the land. (Ord. 99-058, 1999).

20.61.750 Performance standards.

The following provisions shall apply to all uses within this district:

.751 There shall be no commercial storage or handling of hazardous, explosive, highly flammable materials in quantities which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline in service stations.

.752 There shall be no production of noise at any property line of any use in this district in excess of the average intensity of street and traffic noise found in the district.

.753 There shall be no emission of significant quantities of dust, dirt, odors, smoke, or toxic gases and fumes.

.754 There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated.

.755 There shall be no off-site release to soil or surface drainage ways of water borne or liquid pollutants.

.756 There shall be no polluting or hazardous discharge to a public sewer or septic system. (Ord. 99-012 § 1(2), 1999).